High Court Of ChhattisgarhMCRC/5873/2019allowed

Same Lal Kewat v. State Of Chhattisgarh

2019-09-09Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5873 of 2019 • Same Lal Kewat S/o Late Parsadi Kewat Aged About 42 Years R/o Village Hatbanjari, Police Station And Tehsil Chhuria, District Rajnandgaon Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Execise Circle Rajnandgaon (B), District Rajnandgaon Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Mr. Shaleen Singh Baghel, Advocate.

For Non-applicant/State :

Mr. Arijit Tiwari, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 09-09-2019

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 118/2019, registered at Police Station- Excise Circle, District- Rajnandgaon (C.G.) for the offence punishable under Section 34(2), 59(d) of the Chhattisgarh Excise Act, 1915.

2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 27.36 liters and he was arrested on 22.08.2019.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 22.08.2019; therefore, he may be released on bail.

4. Learned State counsel opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned

-2SHO, the applicant has no previous antecedents of similar offence.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 27.36 liters; offence is triable by the JMFC and the applicant is in jail since 22.08.2019, this Court is inclined to release the applicant on bail.

6. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

7. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Monika